- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 10-07-2020
- Case #: A169897
- Judge(s)/Court Below: DeVore, P.J., and DeHoog, J., and Mooney, J.
- Full Text Opinion
The State appealed a trial court order dismissing a charge of Driving Under the Influence of Intoxicants (DUII) and argued that the trial court erred when it extended the defendant’s diversion period after the defendant violated the terms of the diversion agreement by drinking alcohol. The state asserted that ORS 813.225 required the court to enter a judgment of conviction for the crime of DUII once it had found that the defendant had violated the terms of the diversion agreement. ORS 813.225(4) provides, “[t]he court may grant a petition for an extension [...] if the court finds that the defendant made a good faith effort to complete the conditions of the diversion agreement and that the defendant can complete the conditions of the diversion agreement within the requested extended diversion period.” The court found that by paying fines and fees and attending the victim’s impact panel, defendant had made a good faith effort to complete the conditions of the diversion agreement and that defendant could complete the restarted alcohol treatment program within the
extended diversion period. Affirmed.